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This is a Bill, not an Act. For current law, see the Acts databases.
2016-2017
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
Social Security Legislation Amendment
(Fair Debt Recovery) Bill 2017
No. , 2017
(Mr Wilkie)
A Bill for an Act to amend the law in relation to the
recovery of debts from payments made under the
social security and family assistance law, and for
related purposes
No. , 2017
Social Security Legislation Amendment (Fair Debt Recovery) Bill 2017
i
Contents
1
Short title ........................................................................................... 1
2
Commencement ................................................................................. 1
3
Schedules ........................................................................................... 2
Schedule 1--Amendments
3
A New Tax System (Family Assistance)(Administration) Act 1999
3
Social Security Act 1991
5
Social Security (Administration) Act 1999
5
No. , 2017
Social Security Legislation Amendment (Fair Debt Recovery) Bill 2017
1
A Bill for an Act to amend the law in relation to the
1
recovery of debts from payments made under the
2
social security and family assistance law, and for
3
related purposes
4
The Parliament of Australia enacts:
5
1 Short title
6
This Act is the Social Security Legislation Amendment (Fair Debt
7
Recovery) Act 2017.
8
2 Commencement
9
(1) Each provision of this Act specified in column 1 of the table
10
commences, or is taken to have commenced, in accordance with
11
2
Social Security Legislation Amendment (Fair Debt Recovery) Bill 2017
No. , 2017
column 2 of the table. Any other statement in column 2 has effect
1
according to its terms.
2
3
Commencement information
Column 1
Column 2
Column 3
Provisions
Commencement
Date/Details
1. The whole of
this Act
The day after this Act receives the Royal
Assent.
Note:
This table relates only to the provisions of this Act as originally
4
enacted. It will not be amended to deal with any later amendments of
5
this Act.
6
(2) Any information in column 3 of the table is not part of this Act.
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Information may be inserted in this column, or information in it
8
may be edited, in any published version of this Act.
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3 Schedules
10
Legislation that is specified in a Schedule to this Act is amended or
11
repealed as set out in the applicable items in the Schedule
12
concerned, and any other item in a Schedule to this Act has effect
13
according to its terms.
14
Amendments Schedule 1
No. , 2017
Social Security Legislation Amendment (Fair Debt Recovery) Bill 2017
3
Schedule 1--Amendments
1
2
A New Tax System (Family Assistance)(Administration) Act
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1999
4
1 At the end of section 84
5
Add:
6
(3) The debt is not to be deducted from instalments of family tax
7
benefit to which the person is entitled if a declaration under
8
section 105C or 109AA is in force in relation to a determination of
9
the Secretary under paragraph (2)(a) of the amount of the
10
deduction (family tax benefit to continue until internal review
11
complete).
12
2 After section 105B
13
Insert:
14
105C Secretary may continue payment pending outcome of review
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under section 105
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(1) If:
17
(a) a determination is made under paragraph 84(2)(a) of the
18
amount of a deduction that is to be made from instalments of
19
family tax benefit (deduction from instalments of family tax
20
benefit to recover debts); and
21
(b) the determination is reviewed under section 105;
22
the Secretary must declare that the payment of instalments of
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family tax benefit is to continue pending the determination of the
24
review as if the determination under paragraph 84(2)(a) had not
25
been made.
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(2) A declaration under subsection (1) must be by notice in writing.
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(3) While a declaration under subsection (1) is in force in relation to
28
instalments of family tax benefit, the family assistance law (other
29
than this Part) applies in relation to the instalments as if no
30
determination had been made under paragraph 84(2)(a) in relation
31
to the instalments.
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Schedule 1 Amendments
4
Social Security Legislation Amendment (Fair Debt Recovery) Bill 2017
No. , 2017
(4) A declaration under subsection (1) in relation to a determination
1
under paragraph 84(2)(a):
2
(a) takes effect on the day on which it is made or on such earlier
3
day (if any) as is specified in the declaration; and
4
(b) ceases to have effect:
5
(i) if a decision (the review decision) is made by the
6
Secretary on the review of the determination--at the
7
end of the period of 13 weeks beginning on the day the
8
review decision is made, or on such earlier day (if any)
9
within that 13 weeks period as is specified by the
10
Secretary; or
11
(ii) if the declaration is revoked by the Secretary--on the
12
day the declaration is revoked.
13
3 After section 109A
14
Insert:
15
109AA Secretary may continue payment pending outcome of
16
application for review
17
(1) If:
18
(a) a determination is made under paragraph 84(2)(a) of the
19
amount of a deduction that is to be made from instalments of
20
family tax benefit (deduction from instalments of family tax
21
benefit to recover debts); and
22
(b) an application for review of the determination is made under
23
section 109A;
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the Secretary must declare that the payment of instalments of
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family tax benefit is to continue pending the determination of the
26
review as if the determination under paragraph 84(2)(a) had not
27
been made.
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(2) A declaration under subsection (1) must be by notice in writing.
29
(3) While a declaration under subsection (1) is in force in relation to
30
instalments of family tax benefit, the family assistance law (other
31
than this Part) applies in relation to the instalments as if no
32
determination had been made under paragraph 84(2)(a) in relation
33
to the instalments.
34
Amendments Schedule 1
No. , 2017
Social Security Legislation Amendment (Fair Debt Recovery) Bill 2017
5
(4) A declaration under subsection (1) in relation to a determination
1
under paragraph 84(2)(a):
2
(a) takes effect on the day on which it is made or on such earlier
3
day (if any) as is specified in the declaration; and
4
(b) ceases to have effect:
5
(i) if the application under section 109A is withdrawn--on
6
the day the application is withdrawn; or
7
(ii) if a decision (the review decision) is made by the
8
Secretary on the review of the determination--at the
9
end of the period of 13 weeks beginning on the day the
10
review decision is made, or on such earlier day (if any)
11
within that 13 weeks period as is specified by the
12
Secretary; or
13
(iii) if the declaration is revoked by the Secretary--on the
14
day the declaration is revoked.
15
Social Security Act 1991
16
4 At the end of subsection 1231(2)
17
Add:
18
; or (c) a declaration under subsection 131(1A) of the Administration
19
Act is in force in relation to a determination of the Secretary
20
under subsection (1A) of the amount of the deduction (social
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security payment to continue, and arrears to be paid, until
22
internal review complete).
23
Social Security (Administration) Act 1999
24
5 Section 131(heading)
25
Omit "application for".
26
6 After subsection 131(1)
27
(1A) If:
28
(a) a determination is made under subsection 1231(1A) of the
29
1991 Act of the amount of a deduction that is to be made
30
from:
31
(i) any social security payment; or
32
(ii) any payment of arrears of a social security payment; and
33
Schedule 1 Amendments
6
Social Security Legislation Amendment (Fair Debt Recovery) Bill 2017
No. , 2017
(b) the determination is reviewed under this Part (whether on the
1
application of a person under section 129 or otherwise);
2
the Secretary must declare that the payment of the social security
3
payment or arrears is to continue pending the determination of the
4
review as if the determination under subsection 1231(1A) of the
5
1991 Act had not been made.
6
7 Subsection 131(3)
7
After "subsection (1)", insert "or (1A)".
8
8 After subsection 131(4)
9
Insert:
10
(4A) While a declaration under subsection (1A) is in force in relation to
11
a social security payment, or a payment of arrears of a social
12
security payment, the social security law (other than this Part)
13
applies in relation to the payment as if no determination had been
14
made under subsection 1231(1A) of the 1991 Act in relation to the
15
payment.
16
9 After subsection 131(5A)
17
Insert:
18
(5B) A declaration under subsection (1A) in relation to a determination
19
under subsection 1231(1A) of the 1991 Act:
20
(a) takes effect on the day on which it is made or on such earlier
21
day (if any) as is specified in the declaration; and
22
(b) ceases to have effect:
23
(i) if the declaration is made on the basis of an application
24
for review and the application is withdrawn--on the day
25
the application is withdrawn; or
26
(ii) if a decision (the review decision) is made by the
27
Secretary on the review of the determination--at the
28
end of the period of 13 weeks beginning on the day the
29
review decision is made, or on such earlier day (if any)
30
within that 13 weeks period as is specified by the
31
Secretary; or
32
(iii) if the declaration is revoked by the Secretary--on the
33
day the declaration is revoked.
34
Amendments Schedule 1
No. , 2017
Social Security Legislation Amendment (Fair Debt Recovery) Bill 2017
7
10 Application
1
(1)
The amendments made by this Schedule apply in relation to social
2
security payments, and payments of arrears of social security payments,
3
under the Social Security Act 1991 made on or after the commencement
4
of this Schedule (even if a determination under subsection 1231(1A) of
5
the Act has been made in relation to the payments before the
6
commencement of this Schedule).
7
(2)
The amendments made by this Schedule apply in relation to payments
8
of instalments of family tax benefit under the A New Tax System
9
(Family Assistance)(Administration) Act 1999 made on or after the
10
commencement of this Schedule (even if a determination under
11
paragraph 84(1)(a) of the Act has been made in relation to the
12
instalments before the commencement of this Schedule).
13